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SMALL v. STATE

No. 3988.

360 S.W.2d 443 (1962)

O. D. SMALL, et ux., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 27, 1962.

Attorney(s) appearing for the Case

Odeneal & Odeneal, Wm. C. Odeneal, Jr., Dallas, for appellants.

Henry Wade, Dist. Atty., A. D. Jim Bowie, Don T. Cates, Homer G. Montgomery, Ted Z. Robertson, Emmett Colvin, Jr., Asst. Dist. Attys., Dallas, for appellee.

WILSON, Justice.

Appellants say the temporary injunction restraining them from conducting for profit a commercial day care center without a license is unauthorized because Art. 695c, Sec. 8(a) subd. 11, Vernon's Ann.Civ.Tex. Stat., provides that the operation may be enjoined only "for cause," and not for mere failure to obtain a license.

Art. 695c, Sec. 8(a), subd. 2 requires that such facility "shall obtain a license to operate." The Act does not make its...

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